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Feb 7th, 2012
Posted by Elizabeth Gill, LGBT Project at 8:29pm

Prop. 8 Decision in California Must Inspire Progress Everywhere

As most everyone has heard by now, the 9th Circuit Court of Appeals, in a historic opinion today affirmed that Proposition 8 — the California state constitutional amendment that took away the right to marry from same-sex couples — violates the equal protection guarantee of the federal constitution. “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for laws of this sort.”

The 9th Circuit is the first federal appellate court to rule that a marriage ban for same-sex couples is unconstitutional, and the decision is one for the history books as a watershed moment for LGBT equality. But beyond the big picture victory, it’s worth it to focus on a couple of aspects of the court’s decision. First, the court really got what marriage is all about — and why it’s different from domestic partnerships. As the court found, “the designation is important because ‘marriage’ is the name that society gives to the relationship that matters most between two adults. A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, a marriage by the name ‘registered domestic partnership’ does not.” The court then went on to list the many historical and cultural references to marriage, like the Marilyn Monroe movie How to Marry a Millionaire, and to say that none of these would convey any of the same meaning if you substituted “registered domestic partnership” for marriage. The point might seem silly, but it’s exactly right.

The court also got that the reasons for Prop. 8 cited by its proponents—responsible procreation, protecting religious freedom, and preventing children from being taught about same-sex marriage in school—actually have nothing to do with Prop 8. When the court says that “simply taking away the designation of ‘marriage’ ...did not do any of things its Proponents now suggest were its purposes,” the court means that, yes, the Yes on 8 folks lied to California voters. Neither marriage nor Prop 8 made any changes to the parenting laws in California, religious freedom in California, or what gets taught in schools in California. Instead, Prop. 8 took away marriage from gay and lesbian Californians just to take away marriage from gay and lesbian Californians. Whether based on a desire to uphold tradition or simply prejudice, declaring a minority group unequal just to declare them unequal is not a legitimate or constitutional basis for any law.

For all its inspiring rhetoric, however, the Perry decision doesn’t decide marriage for everyone (even marriage for Californians is still subject to appeal and likely to end up before the U.S. Supreme Court). But we should take the momentum on marriage generated by Perry and work towards marriage in other states — currently, marriage bills are pending in Washington, Maryland, and New Jersey; marriage will likely be on the ballot in Maine in November; and there are anti-gay marriage amendments proposed in Minnesota and North Carolina. Because getting other relationship protections like domestic partnerships is also progress toward marriage, the ACLU has domestic partnership cases pending in Montana, Alaska, Michigan, and Missouri.

If you want to help the Prop. 8 case win in the end, call your legislators if marriage is before your state's legislature, or donate to the campaigns where marriage will be on the ballot this fall, or support those state-focused lawsuits. And above all, talk to your friends and co-workers about why marriage is important to you.

Tags: California, Perry v. Brown, Prop. 8

Feb 7th, 2012
Posted by Ian Thompson, Washington Legislative Office at 2:34pm

Washington Post Urges Obama to Issue Non-Discrimination Executive Order

In Tuesday’s Washington Post, the newspaper editorializes in support of a proposed executive order that President Obama could sign to ensure that federal contractors receiving federal tax dollars do not discriminate against applicants and employees based on their sexual orientation or gender identity.

The impact that such an executive order would have on LGBT workers is immense, and provides the opportunity to create a tipping point moment with employment protections based on sexual orientation and gender identity. An executive order on contractors, when combined with existing workplace protections provided by state laws in many states and by federal law for federal workers, would likely mean that, for the first time in history, more than half of all American workers would have legally binding workplace rights. And with federal contractors employing people in all 50 states, there would be at least some workplaces in every state where employees would have legally binding protections against discrimination.

The need for such protections could not be clearer. Even though it is 2012 and LGBT people have made many remarkable strides forward in recent years, LGBT workers continue to face very high rates of discrimination in the workplace. While the ultimate answer to this problem rests with Congress and passage of the Employment Non-Discrimination Act (ENDA), this executive order would represent a critical interim step. President Obama can and should order federal contractors to extend existing nondiscrimination requirements that they must meet to include sexual orientation and gender identity.

At present, in the absence of an executive order protecting persons employed by federal contractors against this kind of discrimination, the federal government has no assurance that its contractors are following the type of nondiscriminatory employment practices that apply to the federal workforce.

As the Washington Post points out in its editorial, federal contractors employ roughly 26 million Americans, which represent 22 percent of the entire workforce. And while it is true that most of the largest federal contractors already have similar non-discrimination requirements in place, a new study from the Williams Institute found that this executive order would extend protections to 16.5 million employees who currently do not have them.

Over 70 years ago, President Franklin D. Roosevelt provided the first national victory for the modern civil rights movement by signing an executive order integrating the nation’s shipyards and other worksites run by defense contractors. Now is the time to ensure that federal contractors receiving federal funds do not discriminate against applicants and employees based on sexual orientation or gender identity.

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Tags: employment discrimination, federal contractors, LGBT discrimination

Feb 2nd, 2012
Posted by Ian Thompson, Washington Legislative Office at 3:53pm

Victim of Brutal LGBT Bullying in Ohio School Tells His Story

Last fall, the brutal, unprovoked beating of Zach, an openly gay student at Unioto High School in Chillicothe, Ohio, made national headlines when a video of the incident went viral online.

Today, the ACLU is releasing a new video that features Zach and his mom, Becky Collins. Zach and Becky describe years of unending discrimination and harassment that Zach experienced at school based on his perceived sexual orientation. As the years went on, the abuse only escalated. Becky’s pleas to school officials to protect her son were ignored.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

And then the videotaped beating occurred and spread like wildfire online, garnering lots of attention to the challenges lesbian, gay, bisexual and transgender (LGBT) students like Zach face each day they go to school.

The type of anti-gay harassment Zach was forced to endure at his school is unacceptable. However, we know that stories like his are far from rare. Similar harassment is taking place across the country, creating a toxic environment that denies LGBT students their right to an equal education.

A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are.

The ACLU of Ohio is representing both Zach and his mother, and is working with his high school to ensure that something like this never happens again. School officials need to proactively address discrimination and harassment against LGBT students when it is brought to their attention, as well as work to foster a campus climate in which all students feel safe and welcome.

In addition, there is a bill pending in Congress which would address this serious problem head on. The Student Non-Discrimination Act would have a profound impact on the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.

Please join the ACLU in urging Congress to pass the Student Non-Discrimination Act to make schools safe and fair for students like Zach. Additionally, please make sure to share this new video with your friends and family, including on Facebook and Twitter!

Learn more about LGBT students' rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Tags: LGBT Youth, SNDA

Jan 28th, 2012
Posted by Ian Thompson, Washington Legislative Office at 3:46pm

New HUD Rule Delivers for LGBT Americans

Last year, we told you about a proposed rule from the U.S. Department of Housing and Urban Development (HUD) regarding equal access to HUD housing programs regardless of sexual orientation or gender identity. Among the key requirements of the rule is a prohibition on inquires regarding sexual orientation or gender identity, as well as a prohibition on using sexual orientation or gender identity as grounds for decision-making in Federal Housing Administration (FHA) programs. Additionally, the rule brings the definition of “eligible families” into the 21st century by including those who are lesbian, gay, bisexual and transgender (LGBT). 

This afternoon, HUD Secretary Shaun Donovan announced that the final rule will be published in the Federal Register early next week, meaning that it will take effect in just a little over one month from today! Needless to say, this is a tremendous step forward in efforts to stamp out discrimination against LGBT people in housing.

Of critical importance, the rule will require all organizations that operate HUD-assisted or HUD-insured housing facilities to serve LGBT Americans looking for shelter and housing—including religious organizations. As a coalition of more than 30 civil rights organizations (including the ACLU) wrote to HUD last year, once a religious organization chooses to provide housing services or programs with the aid of federal funds and benefits from HUD, it cannot shield itself from traditional safeguards that protect civil rights in the provision of those services. Those religious organizations that provide wholly private housing services will be unaffected by this new rule.  We are pleased that HUD said that all organizations must provide equal access to HUD housing programs and did not sanction the use of religion to discriminate. 

As Secretary Donovan stated last year at the time of the publication of the proposed rule, “This is a fundamental issue of fairness. We have a responsibility to make certain that public programs are open to all Americans.  With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”

The ACLU could not agree with Secretary Donovan more strongly. This new federal rule will move us one step closer to an America where decent, affordable housing is available to all Americans.

Learn more about students' rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. 

Tags: Housing, HUD, LGBT

Jan 25th, 2012
Posted by Ian Thompson, Washington Legislative Office at 5:18pm

On National GSA Day, Tell Congress to Stand Up for LGBT Students

Today is National Gay-Straight Alliance (GSA) Day, a day to “strengthen the bond between LGBT people and straight allies” by recognizing the critical role that GSAs play in schools nationwide. GSAs are student-run extracurricular clubs that bring together LGBT and straight students to support each other, promote acceptance and are common in public school districts throughout the nation. They are crucial to providing a safe, supportive environment for LGBT students to educate the school community about homophobia, gender identity and sexual orientation issues.

The ACLU has long fought illegal school efforts to block students from forming GSAs, including most recently in Tennessee and Texas. Additionally, last year, the U.S. Department of Education issued a letter to school districts around the country reinforcing students’ legal right under the federal Equal Access Act to form GSAs. 

Last year, the ACLU released a short video informing students how they could start a GSA in their school.

National GSA Day is also a powerful reminder of the challenges that continue to confront LGBT students nationwide. Discrimination, harassment, and even physical abuse, are often part of LGBT students’ daily lives at school. A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are. Thankfully, there is legislation in Congress that would address this serious problem head on.

The Student Non-Discrimination Act, legislation currently pending in Congress, would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.

Today, on National GSA Day, please stand with the ACLU in support of LGBT students by urging your member of Congress to support the Student Non-Discrimination Act!

Learn more about students' rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Tags: gsa, LGBT Youth, SNDA, students' rights

Jan 20th, 2012
Posted by Ian Thompson, Washington Legislative Office at 10:24am

Teach Respect, Demand Non-Discrimination

On Wednesday, a new international effort to combat racism and intolerance in schools was launched at the headquarters of the United Nations Educational, Scientific and Cultural Organization (UNESCO) with the full backing of the U.S. government. The effort, “Teaching Respect for All,” is designed to develop curriculum for use across the globe to promote tolerance and respect for all people. Importantly, the effort will allow countries to adept the curriculum for different contexts and needs.

According to the State Department, part of the focus initially will involve a review of existing curricula, legislation, and policies that include a component on education for respect and tolerance, as well as identifying best practices in the field.

Last September, the ACLU wrote to UNESCO on the problem of homophobic discrimination and harassment in U.S. public schools. In our comments, we offered a model federal legislative solution that would address this problem — the Student Non-Discrimination Act. This legislation would have a profound impact in improving the lives of lesbian, gay, bisexual and transgender (LGBT) students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.

This is particularly important because of the fact that no federal law expressly protects students on the basis of actual or perceived sexual orientation or gender identity. Federal laws currently protect students on the basis of their race, color, sex, religion, disability and national origin.

Hopefully, as the “Teaching Respect for All” effort gets underway and best practices are developed, the Student Non-Discrimination Act will come to be seen as one of the most important steps the U.S. could take in this area, as well as serve as a best practice for other countries to follow. Teaching respect and demanding non-discrimination in schools are complementary goals that are mutually reinforcing. Please stand with the ACLU in support of LGBT students by urging your members of Congress to support the Student Non-Discrimination Act today.

In addition, join the discussion on Twitter regarding “Teaching Respect for All” and how best to address issues of intolerance and discrimination in schools by using the hashtag #dignity4all, weighing in with @StateDept, @USUNESCO, @UNESCOUSA, @Democracyis, and @Americagov.

Learn more about students' rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Tags: SNDA, students' rights, UNESCO

Jan 19th, 2012
Posted by Ian Thompson, Washington Legislative Office at 10:19am

Important New Report on Anti-LGBT Bias in Grades K-6

On Wednesday, GLSEN (the Gay, Lesbian & Straight Education Network) released a new report on anti-LGBT bias, homophobia and gender nonconformity in elementary schools across the country. The report, Playgrounds and Prejudice: Elementary School Climate in the United States, was based on national surveys of 1,065 elementary school students in grades 3-6, as well as 1,099 elementary school teachers in grades K-6.

Some of the report’s key findings include:

  • “Nearly one in 10 of elementary students in 3rd to 6th grade indicate that they do not always conform to traditional gender norms/roles. Either they are boys who others sometimes think, act or look like a girl, or they are girls who others sometimes think, act or look like a boy”;
  • “Gender nonconforming students are less likely than other students to feel very safe at school, and are more likely than others to indicate they sometimes do not want to go to school because they feel unsafe or afraid there”;
  • “Gender nonconforming students are also more likely than others to be called names, made fun of or bullied at least sometimes at school”; and
  • “Less than half of teachers indicate that they feel comfortable responding to questions from their students about gay, lesbian or bisexual people. There was a lower level of comfort found among teachers responding to questions from their students about transgender people.”

The report, the first to take a national look at anti-LGBT bias in elementary schools, offers valuable insights into the foundations that are often laid quite early in students’ school lives that later can take on far more serious and tragic implications if left unaddressed.

Harassment and discrimination against gender nonconforming and LGBT youth, as well as those presumed to be, is clearly not something that only surfaces in middle school and high school. It’s really never too early for schools and teachers to work to foster an environment where all students feel safe and welcome. This might help to explain why, according to a recent San Francisco Chronicle article, the number of Gay-Straight Alliances in middle schools nationwide currently stands at roughly 500 (up from a mere few dozen just three years ago).

The report also shows that LGBT and gender nonconforming students are a vulnerable population in our nation’s schools, including those at the elementary level. This is a nationwide problem, impacting students coast-to-coast. As such, the solution needs to be national in scope.

The Student Non-Discrimination Act, legislation currently pending in Congress, would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools. Please stand with the ACLU in support of LGBT students by urging your members of Congress to support the Student Non-Discrimination Act today.

Learn more about students' rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Jan 9th, 2012
Posted by Ian Thompson, Washington Legislative Office at 1:50pm

Senator Franken Releases New "Making It Better" Video

Senator Al Franken (D-Minn.), a strong champion for lesbian, gay, bisexual, and transgender (LGBT) youth and students in Congress, has just released a new three minute video in support of S. 555, the Student Non-Discrimination Act (SNDA). This legislation would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.

Franken’s new video is a spin on the It Gets Better Project’s messages of hope and support to LGBT youth in that it describes the SNDA as a concrete step to actually make life better for these young people. As Senator Franken states in the video, LGBT students shouldn’t have to wait until after they graduate from high school to be able to go about their daily lives free from discrimination and harassment. The SNDA would help to make life better for these students now.

As the video makes clear, there is a compelling need for this legislation. Discrimination, harassment, and even physical abuse, are often part of LGBT students’ daily lives at school. A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are. Nearly one-third skipped at least one day of school within the previous month because of concerns for their safety. LGBT youth are also at a significantly increased risk for suicide related to mental health issues that often arise from poor treatment and discrimination in schools.

Please stand with Senator Franken and the ACLU in support of LGBT students by urging your members of Congress to support the Student Non-Discrimination Act today.

Learn more about LGBT students' rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Tags: Al Franken, LGBT Youth, SNDA, students' rights

Jan 6th, 2012
Posted by Ian Thompson, Washington Legislative Office at 2:26pm

Vicious Anti-Gay Rhetoric? Check. Facts? Not So Much.

On Thursday, subscribers to the conservative Weekly Standard received an email fundraising pitch from the president of a fringe anti-gay organization, Public Advocate of the United States, which directed tremendous venom at the Student Non-Discrimination Act, labeling it the “Homosexual Classrooms Act.” The email, first reported by Justin Elliott writing on Salon.com, opens with the following outrageous and hate-filled accusation, which would be laughable if it were not so deeply offensive:

Radical homosexuals have infiltrated Congress and want to indoctrinate children and eliminate traditional values from America while creating a society based on sexual promiscuity.

Because the ACLU has been a longtime champion of the Student Non-Discrimination Act and lesbian, gay, bisexual, and transgender (LGBT) youth, we could not allow the vicious anti-gay misinformation in this fundraising email to go unchallenged. After all, one of the brilliant aspects of the First Amendment is the ability to fight hateful and misleading speech with a counter response.

The Student Non-Discrimination Act, which is currently pending in both chambers of Congress, would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their sexual orientation or gender identity has no place in our country’s public elementary and secondary schools. This is a goal that should, and does, transcend party affiliation and ideology.

The email goes on to list what it labels a “laundry list of anti-family provisions.” The problem of course is that nothing on their list is actually true. For example, the email claims that the legislation would force a pro-LGBT curriculum on private and religious schools. Well, guess what? The Student Non-Discrimination Act only applies to public K-12 schools nationwide. In addition, the legislation specifically includes language restating the legal right of students to form extracurricular Bible clubs in public schools.

About the only thing this email gets right are the very impressive cosponsorship counts both bills currently have – 34 in the Senate and 150 in the House. Perhaps it is this support, made possible in no small way by the advocacy of tens of thousands of ACLU members and activists across the country, which has the anti-gay fringe so worried.

If groups like Public Advocate of the United States think they’ll be able to defeat the Student Non-Discrimination Act using misrepresentations and the language of hate, well, I think they have already lost. I take comfort in knowing that the vast majority of Americans would find the language in this fundraising pitch to be offensive in the extreme and utterly repugnant. While this fringe anti-gay fundraising pitch contains nothing but misinformation, the problems facing LGBT students in our nation’s schools are all too real. Discrimination, harassment, and even physical abuse, are often part of LGBT students’ daily lives at school. A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are. Nearly one-third skipped at least one day of school within the previous month because of concerns for their safety. LGBT youth are also at a significantly increased risk for suicide related to mental health issues that often arise from poor treatment and discrimination in schools.

Please stand with the ACLU in rejecting anti-gay hate and misinformation and urge your members of Congress to support the Student Non-Discrimination Act.

Learn more about the Student Non-Discrimination Act: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Tags: SNDA, students' rights

Jan 5th, 2012
Posted by James Esseks, LGBT Project at 5:06pm

Just Plain Mean

Sometimes people do something that’s so mean-spirited that it brings you up short. That was my reaction when I first heard that Michigan legislators were considering a law that would bar cities and counties from providing health care insurance to the domestic partners of their employees. But despite the ACLU's best efforts, the state legislature passed that measure and the governor signed it during the Christmas holidays. So today, we sued ‘em.

The new law is called the Public Employee Domestic Partner Benefit Restriction Act, and it does just what its title suggests — it bars gay employees’ partners from health care coverage. And here’s the kicker — the law allows city and county employers to provide health care coverage to just about all other family members — uncles, nieces, even cousins. Ours are the only family members that are excluded.

Fifteen or twenty years ago, a law like this might have been unremarkable. But today, against a backdrop of national polls showing close to 80 percent support for LGBT-related workplace fairness laws and over 50 percent support for marriage for same-sex couples, Michigan’s spanking new Domestic Partner Benefit Restriction Act stands out as out-of-step and just plain mean.

How mean? Consider this: plaintiffs JoLinda Jach and Barbara Ramber (pictured above) have been together 17 years. JoLinda works for the City of Kalamazoo, MI, and has provided Barbara health care through the city’s insurance plan. Last year, Barbara was hit in her left eye by a baseball, which has permanently damaged her eyesight and resulted in glaucoma. She now needs to take medications daily to prevent going blind, medications that Michigan’s new law says she can’t get through JoLinda’s city job. With her eye problems, getting private insurance would be prohibitively expensive, to the extent it’s even available.

With this lawsuit, we’ll keep working to save Barbara’s eyesight and for fairer workplace laws in Michigan.

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Tags: Barbara Ramber, JoLinda Jach, Michigan

 

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